In this weekly feature, I-CONnect publishes a curated reading list of
developments in public law. “Developments” may include a selection of links to
news, high court decisions, new or recent scholarly books and articles, and
blog posts from around the public law blogosphere.

To submit relevant developments for our weekly feature on “What’s New in
Public Law,” please email contact.iconnect@gmail.com.

Developments in Constitutional Courts

The US Supreme Court incorporated through the Due Process
Clause of the Fourteenth Amendment the Eighth Amendment’s Excessive Fines Clause.

The German Constitutional
Court has
held that
the disenfranchisement of persons placed under full guardianship and of criminal
offenders confined in a psychiatric hospital is unconstitutional.

The Supreme Court of India directed states to take
“prompt” action to prevent incidents against Kashmiris, after the
recent terror attacks.

A 16-state coalition filed a lawsuit challenging the
constitutionality of Trump’s declaration of a national emergency, made in an
effort to fund the border wall between the US and Mexico.

A Turkish court of appeals upheld the convictions for terrorism of 19 opposition journalists.

Amnesty International filed an amnesty appeal in favor of Cameroon’s opposition leader and supporters facing death penalty over rebellion charges for a peaceful protest.

The Croatian Parliament decided not to hold two nation-wide referenda on withdrawing from the Istanbul Convention and on amending the electoral law.

The South African government challenged the rules forcing Olympic athletes to lower testosterone levels, as specifically targeting Olympic campion Semenya.

The former President of Maldives was brought into custody over bribery allegations.

New Scholarship

Rehan Abeyratne, More Structure, More Deference: Proportionality in Hong Kong, in Po Jen Yap & Mark Tushnet (Eds.), Proportionality in Asia (forthcoming, 2019) (exploring the ways the proportionality test is applied in Hong Kong’s constitutional jurisprudence, and arguing that, while increasingly articulated, the test has gradually become more deferential to governmental authority and expertise).

Or Bassok, The Schmitelsen Court: The Question of Legitimacy, German Law Journal (forthcoming, 2019) (arguing that several courts worldwide are fulfilling Kelsen’s vision of a court as the guardian of the constitution yet possessing the mission, the means to achieve it, and the source of legitimacy that Schmitt envisioned for the president as the guardian of the constitution. Hence, these courts are Schmit-elesen courts).

Tom Gerald Daly, Democratic Decay: Conceptualising an Emerging Research Field, Hague Journal on the Rule of Law (arguing that conceiving of the scattered cross-disciplinary literature on the deterioration of democracy as a research field and providing an account of recent conceptual development can help to map a rapidly developing landscape, maximise the analytical utility of key concepts, identify resonances and duplication among concepts and across discrete literatures, and can help to ensure that this emerging quasi-field develops in a more coherent and rigorous manner)

Bilyana Petkova, Privacy as Europe’s First Amendment, 25 European Law Journal (forthcoming, no. 2, 2019) (arguing that Europe is experiencing privacy-as-constitutional identity, in a similar way as the U.S. did with freedom of speech).

The Younger Comparativists Committee of the American Society of Comparative Law (YCC) invites submissions for the Phanor J. Eder LL.B./J.D. Prize in Comparative Law, open to students currently enrolled in a J.D. or LL.B. program. The deadline for submissions is March 3, 2019.

The Chicago-Kent College of Law is now accepting entries for the Chicago-Kent College of Law/Roy C. Palmer Civil Liberties Prize, aimed at honoring scholarship that addresses the tension between civil liberties and national security in contemporary US. Entries are accepted through July 1, 2019.

The Supreme Court Economic Review (SCER) solicits paper submissions for a Roundtable on the Economics of Criminal Procedure, Punishment, and Their Consequences, to be held at Antonin Scalia Law School at George Mason University in Arlington, Virginia, on March 26-27, 2020. The deadline for submissions is December 20, 2019.

The University of Kent invites applications for the Kent Summer School in Critical Theory, which will be held July 1-12 at the Paris Centre of the University of Kent, in Paris France. Applications are due by March 3, 2019.

University of Leipzig invites applications for the Summer School “Human Rights in Theory and Practice”, to be held on 1-7 September 2019 in Leipzig. The deadline for early bird registration is March 31, 2019.

The European Policy for Intellectual Property association (EPIP) announces its 14th Annual Conference on “The Future of IP”, to be held in Zurich, Switzerland, on September 11-13, 2019. The submission deadline is April 7, 2019.

The British Institute of International and Comparative Law is seeking to appoint a Brexit Research Fellow to investigate the legal implications of Brexit. The application deadline is March 3, 2019.

The University of Leeds – School of Sociology & Social Policy has opened three positions for Marie Sklodowska-Curie Early-Stage Researchers (PhD positions) in Disability Advocacy Research. The deadline to apply is March 14, 2019.

The Universitat Oberta de Catalunya issued a call for 6 postdoctoral research fellowships. The deadline for submitting applications is March 10, 2019.

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